Ginn v. Weiss

WIGGINTON, Judge.

Appellants have appealed a summary final decree rendered in favor of appellees in a suit brought for the purpose of foreclosing a defaulted mortgage owned by them and allegedly executed by appellants’ decedent. It is contended that a genuine issue of fact as to the proper execution of the mortgage was raised by the pleadings, and no competent evidence relating to this issue was offered by the appellees in support of their motion for summary final decree. Under the circumstances appellants contend that the chancellor erred in granting appellees’ motion and in rendering the…